The State of Madhya Pradesh Vs. Narendra Kumar and Anr.
EmailAppeal: Criminal Appeal Nos. 535-537 of 1983.
Petitioner: The State of Madhya Pradesh
Respondent: Narendra Kumar and Anr.
Apeal: Criminal Appeal Nos. 535-537 of 1983.
Judges: G.L.OZA & K.JAGANNATHA SHETTY,JJ.
Date of Judgment: Mar 30, 1988
Head Note:
CRIMINAL LAW
Indian Penal Code, 1860:
Sections 201, 302, 367 and 511 – High Court’s order of acquittal upheld.
JUDGEMENT:
O R D E R
1. This appeal has been filed by the State after obtaining leave from this Court against acquittal of respondent-Narendra Kumar from offence under section 302 IPC and also under section 367 IPC. It is also an appeal filed against Khem Chand against acquittal under sections 302 and 201 IPC recorded by the Sessions Judge and maintained by the High Court. There is also an appeal filed against one Ram Charan who has been convicted by the Sessions Court under section 202 and the High Court maintaining the conviction under section 202 and only sentenced him to fine of Rs.500/-. This appeal against respondent Ram Charan is only in respect of sentence.
2. The incident appears to be of 17.12.1978 in village Parasiya, District Chhindwara, a boy of 11 years of age when he was returning after purchasing milk from the milk shop in the morning was taken inside the shop of respondent-Khem Chand and thereafter did not reach home. Ultimately on 23rd of December it appears that when Khem Chand opened his shop, he saw a dead body and he raised an alarm. The police were called and the dead body was found to be the dead body of Deepak with incised wound on the person of the deceased. After investigation charge sheet was filed against Narendra Kumar, Khem Chand and Ram Charan. On trial learned Sessions Judge convicted Narendra Kumar, for an offence under section 302 I.P.C. and also for an offence under section 201 I.P.C. read with section 511 I.P.C. and awarded sentence. But the Sessions Judge acquitted respondent Khem Chand and convicted Ram Charan under section 202 and sentenced him to 45 days imprisonment.
3. On appeal the learned Judges of the High Court of Madhya Pradesh by their Judgment dated 30th November, 1981, acquitted Narendra Kumar from offence under section 302 and also from charge under section 367 but while maintaining the conviction under section 201 sentenced him to three years’ rigorous imprisonment. The acquittal of respondent-Khem Chand was maintained. The conviction of respondent-Ram Charan under section 202 was maintained but sentence was altered to a fine of Rs.500/- only.
4. Having heard learned counsel for the appellant at length and gone through the material pieces of evidence, in our opinion, there is no reason to disagree with the conclusions reached by the High Court. We, therefore, see no reason to entertain these appeals. The appeals are, therefore, dismissed.
5. It is reported that Narendra Kumar is still in custody. He was sentenced to three years imprisonment and must have undergone the sentence. The result of these appeals be communicated telegraphically to Superintendent, District Jail, Chhindwara, at the expense of respondents.
1. This appeal has been filed by the State after obtaining leave from this Court against acquittal of respondent-Narendra Kumar from offence under section 302 IPC and also under section 367 IPC. It is also an appeal filed against Khem Chand against acquittal under sections 302 and 201 IPC recorded by the Sessions Judge and maintained by the High Court. There is also an appeal filed against one Ram Charan who has been convicted by the Sessions Court under section 202 and the High Court maintaining the conviction under section 202 and only sentenced him to fine of Rs.500/-. This appeal against respondent Ram Charan is only in respect of sentence.
2. The incident appears to be of 17.12.1978 in village Parasiya, District Chhindwara, a boy of 11 years of age when he was returning after purchasing milk from the milk shop in the morning was taken inside the shop of respondent-Khem Chand and thereafter did not reach home. Ultimately on 23rd of December it appears that when Khem Chand opened his shop, he saw a dead body and he raised an alarm. The police were called and the dead body was found to be the dead body of Deepak with incised wound on the person of the deceased. After investigation charge sheet was filed against Narendra Kumar, Khem Chand and Ram Charan. On trial learned Sessions Judge convicted Narendra Kumar, for an offence under section 302 I.P.C. and also for an offence under section 201 I.P.C. read with section 511 I.P.C. and awarded sentence. But the Sessions Judge acquitted respondent Khem Chand and convicted Ram Charan under section 202 and sentenced him to 45 days imprisonment.
3. On appeal the learned Judges of the High Court of Madhya Pradesh by their Judgment dated 30th November, 1981, acquitted Narendra Kumar from offence under section 302 and also from charge under section 367 but while maintaining the conviction under section 201 sentenced him to three years’ rigorous imprisonment. The acquittal of respondent-Khem Chand was maintained. The conviction of respondent-Ram Charan under section 202 was maintained but sentence was altered to a fine of Rs.500/- only.
4. Having heard learned counsel for the appellant at length and gone through the material pieces of evidence, in our opinion, there is no reason to disagree with the conclusions reached by the High Court. We, therefore, see no reason to entertain these appeals. The appeals are, therefore, dismissed.
5. It is reported that Narendra Kumar is still in custody. He was sentenced to three years imprisonment and must have undergone the sentence. The result of these appeals be communicated telegraphically to Superintendent, District Jail, Chhindwara, at the expense of respondents.
